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today we show you how to find the elements of a cause of action called unjust enrichment it's very important to understand what the elements are for any cause of action because unless a cause of action is properly stated and the elements proven then the person bringing that lawsuit cannot win so first we're going to choose case law we're using Lois law you can find this at Lois law calm a very deep and expansive legal database and you can sign up for this yourself it's not very expensive we'll scroll down here to four to case law we'll put a checkmark in that box and click continue all right in this first box we're going to be able to put elements we're searching for that word within eight words of unjust enrichment before we continue I'll show you that these other boxes here allow you to search for other things but we're right now searching for these words the word elements within eight words of and I put this in quotes so it's treated as one word unjust enrichment I'm going to click run search and just that quickly we found 27 cases we're looking at the first 25 of these cases I could scroll down and show you several cases here in Florida that tell us what the elements are for unjust enrichment we'll just check this first one this is fairly recent October 18 2006 it happens to be out of the 4th District Court of Appeal here in Florida which covers Palm Beach County Lucie County Martin County and Okeechobee counties so we'll click on this one here and it takes us to that part and highlights that part of the case where those words appear elements within eight words of unjust enrichment and here it's spelled out for us very clearly the elements of a cause of action for unjust enrichment our plaintiff has conferred a benefit on the defendant who has knowledge thereof defendant voluntarily accepts and retains the benefit conferred and the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff this is taken from another case Hillman construction corporation we could go to that case very easily by clicking this hyperlink this is the citation for the Hillman case 636 southern ii 576 which is also in the 4th District Court of Appeal an older case the court is telling us that it made this decision some time ago at this other case the Hillman case so let's click that see what happens move this down a little bit and here's the Hillman case and if we scroll down in here we'll probably find those elements there they are the elements of a cause of action for unjust enrichment are one two and three and this case cites another case which is in the second District Court of Appeal that controls the trial court's over in Tampa st. Petersburg and Clearwater Florida on the west coast so we could even click that hyperlink and that would take us to yet another case the butler case and we'd be able to click on that and scroll down and somewhere in here we're going to find the elements here it is an action for unjust enrichment exists to prevent the wrongful retention of a benefit or the retention of money or property of another in violation of good conscience and fundamental principles of justice or equity the essential elements of an action for unjust enrichment are a benefit conferred upon the defendant by the plaintiff appreciation by the defendant of such benefit and acceptance and retention of such benefit by the defendant under such circumstances that it would be inequitable for him to retain it without paying the value thereof so we'll close that window and we'll close this window and so you can see that if you were practicing in the 4th District Court of Appeal you would be able to cite Merkel versus health options Inc and use this case to control the trial courts in Okeechobee County Palm Beach County st. Lucie County and Martin counties in all probability I would also cite the case that is cited by this case the Hillman case which is also in the 4th District so I would cite both of these cases and I would use this language exactly when I was instructing the court as to what the law is with regard to this cause of action called unjust enrichment and I would be sure that the court understood and I made my record and since the 4th District Court of Appeal has made this as a matter of legal reality in Florida I would be able to stand firmly against any opposition to this being the controlling law in Florida in this particular district of course in your district wherever you might be we'll go back to that page again we will show you that you would do the same thing in whatever state court you were in there here or in the federal courts we could do the same thing in the federal courts so that's how you find the elements of a cause of action to learn more about causes of action and the elements of causes of action get our tutorial on causes of action or our complete lawsuit self-help course at jurisdiction Ericom thank you